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Relevant bibliographies by topics / Convention on international liability for damages caused by space objects

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Academic literature on the topic 'Convention on international liability for damages caused by space objects'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Convention on international liability for damages caused by space objects"

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Lee, Edward G., and D. W. Sproule. "Liability for Damage Caused by Space Debris: The Cosmos 954 Claim." Canadian Yearbook of international Law/Annuaire canadien de droit international 26 (1989): 273–79. http://dx.doi.org/10.1017/s0069005800003520.

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Canada's claim against the Soviet Union for compensation for damages caused by the re-entry and crash in 1978 of the Soviet satellite, Cosmos 954, was based primarily on the 1972 Convention on International Liability for Damage Caused by Space Objects (hereinafter referred to as the Liability Convention) and also on the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects (hereinafter referred to as the Rescue and Return Agreement). It gave rise to several legal issues concerning the interpretation of these conventions. They are of relevance to states seeking compensation for damage caused by space debris.

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Hurwitz, Bruce A. "Israel and the Law of Outer Space." Israel Law Review 22, no. 4 (1988): 457–66. http://dx.doi.org/10.1017/s0021223700009432.

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With the launching of Israel's first satellite, Offeq–1, on September 19, 1988, Israel's commitments in international space law came into practical effect. Specifically, Israel is bound through ratification to the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; the 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched Into Outer Space; and the 1972 Convention on International Liability for Damage Caused by Space Objects. Two additional treaties, the 1975 Convention on Registration of Objects Launched Into Outer Space, and the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, have yet to be signed or ratified by Israel.

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Farand, André. "L’apport du Canada en matière de responsabilité internationale pour les dommages d’origine spatiale : l’Affaire du satellite Cosmos 954." Études internationales 11, no. 3 (April 12, 2005): 467–87. http://dx.doi.org/10.7202/701075ar.

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The nuclear satellite Cosmos 954 was launched by the Soviet Union in September 1977. Due to some difficulties in functioning, Cosmos 954 made an unscheduled return to earth and its debris scattered over a large portion of Canadian territory on January 24, 1978. The Canadian government, informed that the satellite had radioactive material on board, immediately began urgent operations to reduce the actual damage and to return the territory affected to its normal condition. Considering that the costs incurred during the operations should be claimed from the Soviet Union, the Government of Canada prepared a claim based in particular on the Convention on International Liability for Damage caused by space objects. The claim was presented to the Soviet representative on January 23, 1979. The Canadian government alleged that Canada sustained damage from the return on earth of the Cosmos 954 satellite. The Soviet Union, as the launching State, is absolutely responsible and should pay an appropriate amount of compensation. The amount claimed is slightly over 6 million dollars. Canada, subsequent to the incident, has proposed to the United Nations the adoption of a new regime for the use of nuclear energy in outer space.

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Williams, Sylvia Maureen. "Book Reviews : State Liability for Outer Space Activities in Accordance with the 1972 Convention on International Liability for Damage Caused by Space Objects by Bruce A. Hurwitz. Martinus Nijhoff , Utrecht Studies in Air & Space Law. Kluwer Academic Publishers, 1992, pp. 245. £61." International Relations 12, no. 2 (August 1994): 67–69. http://dx.doi.org/10.1177/004711789401200208.

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Lyall, F. "State Liability for Outer Space Activities in accordance with the 1972 Convention on International Liability for Damage caused by Space Objects. By Bruce A. Hurwitz. Utrecht Studies in Air and Space Law, No. 11. Dordrecht: Martinus Nijhoff, 1992. 245 pp. 61." British Yearbook of International Law 64, no. 1 (January 1, 1994): 428–29. http://dx.doi.org/10.1093/bybil/64.1.428.

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Diederiks-Verschoor, I. H. Ph. "B.A. Hurwitz, State Liability for Outer Space Activities in Accordance with the 1972 Convention on International Liability for Damage Caused by Space Objects, M. Nijhoff Publ., Dordrecht 1992, 264 pp., Dfl. 175.00/ £ 61.00. ISBN 0-7923-1463-8." Netherlands International Law Review 40, no. 02 (August 1993): 361. http://dx.doi.org/10.1017/s0165070x00009554.

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Wang, Guoyu, and Chao Li. "Applicability of the Liability Convention for Private Spaceflight." Space: Science & Technology 2021 (May 4, 2021): 1–11. http://dx.doi.org/10.34133/2021/9860584.

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While the era of private spaceflight is coming, it is getting urgent to have common understanding about the existing space legal systems, i.e., the Applicability of the Liability Convention (ALC) in handling with damage which might occur during space tourism. The applicability of the relevant articles about absolute liability, fault liability, and claimant State is systematically analyzed. The paper in turn analyzes the ALC in the situation of the participants suffering damage and in that of the participants causing damage, as a dichotomy methodology. The LC applies to a private spaceflight participant when they suffer damage on board during the spaceflight. As to the eligible claimant State, in the absence of the nationality State, the registry State, or the owner State of the space object may present the claim instead. If damage to the foreign participants on board happened on the surface of the earth, the nationality State of the participant could present claim to the launching State to protect its national’s interests under general international law rather than under LC. If the damage happens to the foreign participants on board happened elsewhere than on the surface of the earth, Article III of the LC could only apply in limited situations. Only when a spacecraft for private spaceflight of/or registered by one State is carried by the launching vehicle of another State, Article III applies. The best solution in such colaunching situation is to settle down the rights, obligations, and liabilities specifically in a binding international agreement between the launching States. The absolute liability should apply when a space object causes damage to a spaceship carried on by an aircraft before it separates from each other. After the separation, fault-based liability applies to the damage happening to spaceship. The registry State of a space object should be responsible for participants thereof who caused damage to the space object of a third-party State. The LC then applies when the damage is caused by the fault of the participant. If the spaceship is not registered, the launching State shall be responsible for the participants involved its “national activities,” no matter if the participant is its nationals or foreigners and the damage caused by them based on their fault, while the nationality State is not supposed to be responsible for its nationals in such case. At last, issuing a space visa to the participant of private spaceflight could be taken as a compliment measure for the State to implement its authorization obligation as to its national space activities, which could bring more legal certainties when defining the fault attribution.

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Gupta, Biswanath, and Raju KD. "Understanding International Space Law and the Liability Mechanism for Commercial Outer Space Activities—Unravelling the Sources." India Quarterly: A Journal of International Affairs 75, no. 4 (December 2019): 555–78. http://dx.doi.org/10.1177/0974928419874553.

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The status and liability of non-governmental entities for commercial use of outer space activities on behalf of space launching states are not very clear under the existing space law regimes. Non-governmental entities are those who carry private space activities such as commercial launching, supplying different equipment or parts to space agencies and manufacturing spacecraft and satellite. The possible litigation relating to the commercial activities are mainly the financial consequence of damage caused and also the technical complications that private entities face in case of supply of defaulted parts to the space agencies. According to Article VI of the Outer Space Treaty 1967 and Articles II and III of Liability Convention 1972, launching country is liable for any activities in outer space. Even in the case of non-governmental activities, the launching state is liable. Therefore, in the event of any commercial activity from any sovereign states, the state is liable for any accidents and consequential damages. This article focusses on specific issues such as liability for commercial outer space activities of nongovernmental entities in the existing international space law regimes. It explores the applicable principle of space law and international law in outer space activities. The work also focusses on the impact on space liability regime as well as on the legal efficiency of the links between private entities and state liability. This exercise is important in the background of the increasing number of private spacecrafts scheduled for launching in the future.

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Masie, Sewela, and Kaitlin Morris. "LIABILITY IN SPACE LAW: QUESTIONS ON PRACTICAL APPLICATION OF ABSOLUTE AND FAULT LIABILITY." Pretoria Student Law Review, no. 9 (2015). http://dx.doi.org/10.29053/pslr.v9i.1972.

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With modern advances in technology, mankind is now faced with new legal problems and situations previously unanticipated. Space law in particular is relevant as, while most of the documents were drafted and assented to in the mid 1990’s, there have since been great advances in space exploration and technology. This means that potential situations exist which are not expressly provided for in International Space Law. Therefore, since the answers for hypothetical questions cannot always be found explicitly in space law, we will be relying on the sources of international law listed in article 38(1) of the International Court of Justice Statutes, namely international conventions, international custom, general principles of law and judicial decisions and teachings.1 The rules of the Vienna Convention regarding the interpretation of Treaties must also be kept in mind, including that a state is obliged to refrain from acts that would defeat the object and purpose of a treaty that it has ratified. There are therefore two main questions that will be discussed in this article: whether a state can be held absolutely liable for its actions if it, in changing the course of an asteroid affect the area of damage and whether a state can be held liable on the basis of fault for damage caused by its space craft to another space craft if the damage was anticipated and the second state was warned not to be in that specific location.

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"International Liability for Pollution Damage in Outer Space Environment." WSEAS TRANSACTIONS ON ENVIRONMENT AND DEVELOPMENT 16 (April 1, 2020). http://dx.doi.org/10.37394/232015.2020.16.15.

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In view of the rapid and dangerous development of space activities and clandestine research, it has become increasingly difficult to identify and determine the environmental damages caused. Jurist of international law have begun to study the international responsibility resulting from such activities, which are leading to the pollution of the outer space environment. States launching space activities launching satellites, and carrying out experiments are introducing harmful substances, terrestrial bacteria, radioactive materials, and harmful space debris that is circling the earth. This highlights the legal norms of international space law in the area of international liability for damage caused by space activities in the 1967 Outer Space Treaty and the 1972 Convention on Liability for Damage Caused by Space Activities.

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Dissertations / Theses on the topic "Convention on international liability for damages caused by space objects"

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Tumi, Mohamed Abdulgader. "Space law : international liability for damages caused by space objects : the 1972 liability for damages convention." Thesis, 1986. http://hdl.handle.net/1961/5034.

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Books on the topic "Convention on international liability for damages caused by space objects"

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Hurwitz, Bruce A. State liability for outer space activities: In accordance with the 1972 Convention on International Liability for Damage Caused by Space Objects. Dordrecht: M. Nijhoff Publishers, 1992.

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Bin, Cheng. Part III United Nations Treaties on Outer Space, 11 The 1972 Convention on International Liability for Damage Caused by Space Objects. Oxford University Press, 1997. http://dx.doi.org/10.1093/law/9780198257301.003.0012.

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Stubbe, Peter. Legal Consequences of the Pollution of Outer Space with Space Debris. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190647926.013.68.

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This is an advance summary of a forthcoming article in the Oxford Encyclopedia of Planetary Science. Please check back later for the full article.Space debris has grown to be a significant problem for outer space activities. The remnants of human activities in space are very diverse; they can be tiny paint flakes, all sorts of fragments, or entirely intact—but otherwise nonfunctional spacecraft and rocket bodies. The amount of debris is increasing at a growing pace, thus raising the risk of collision with operational satellites. Due to the relative high velocities involved in on-orbit collisions, their consequences are severe; collisions lead to significant damage or the complete destruction of the affected spacecraft. Protective measures and collision avoidance have thus become a major concern for spacecraft operators. The pollution of space with debris must, however, not only be seen as an unfavorable circumstance that accompanies space activities and increases the costs and complexity of outer space activities. Beyond this rather technical perspective, the presence of man-made, nonfunctional objects in space represents a global environmental concern. Similar to the patterns of other environmental problems on Earth, debris generation appears to have surpassed the absorption capacity of the space environment. Studies indicate that the evolution of the space object environment has crossed the tipping point to a runaway situation in which an increasing number of collisions―mostly among debris―leads to an uncontrolled population growth. It is thus in the interest of all mankind to address the debris problem in order to preserve the space environment for future generations.International space law protects the space environment. Article IX of the Outer Space Treaty obligates States to avoid the harmful contamination of outer space. The provision corresponds to the obligation to protect the environment in areas beyond national jurisdiction under the customary “no harm” rule of general environmental law. These norms are applicable to space debris and establish the duty not to pollute outer space by limiting the generation of debris. They become all the more effective when the principles of sustainable development are taken into account, which infuse considerations of intra- as well as inter-generational justice into international law. In view of the growing debris pollution and its related detrimental effects, it is obvious that questions of liability and responsibility will become increasingly relevant. The Liability Convention offers a remedy for victims having suffered damage caused by space debris. The launching State liability that it establishes is even absolute for damage occurring on the surface of the Earth. The secondary rules of international responsibility law go beyond mere compensation: States can also be held accountable for the environmental pollution event itself, entailing a number of consequential obligations, among them―under certain circumstances―a duty to active debris removal. While international law is, therefore, generally effective in addressing the debris problem, growing use and growing risks necessitate the establishment of a comprehensive traffic management regime for outer space. It would strengthen the rule of law in outer space and ensure the sustainability of space utilization.

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Book chapters on the topic "Convention on international liability for damages caused by space objects"

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Oellers-Frahm, Karin, and Andreas Zimmermann. "Convention on International Liability for Damage Caused by Space Objects of March 29, 1972." In Dispute Settlement in Public International Law, 1095–97. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_38.

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"Main Contents and Comment on the 1972 Liability Convention." In Advances in Public Policy and Administration, 24–30. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-7407-2.ch004.

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This chapter explains the historical background, key provisions, and main contents of the 1968 Space Liability Convention (Title: Convention on International Liability for Damage Caused by Space Objects). In order to protect the victims caused by space accidents, the author proposes a revision of the 1968 Liability Convention for the purpose of inserting and regulating the provision on the mental and indirect damage. The Convention on International Liability for Damage Caused by Space Objects, also known as the Space Liability Convention, is a treaty from 1972 that expands on the liability rules created in the Outer Space Treaty of 1967. In 1978, the crash of the nuclear-powered Soviet satellite Kosmos 954 in Canadian territory led to the only claim filed under the convention. The Liability Convention was concluded and opened for signature on 29 March 1972. It entered into force on 1 September 1972. As of 1 January 2019, 96 states have ratified the Liability Convention, 19 have signed but not ratified. States (countries) bear international responsibility for all space objects that are launched within their territory.

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Cheng, Bin. "The 1972 Convention on International Liability for Damage Caused by Space Objects." In Studies in International Space Law, 286–356. Oxford University Press, 1997. http://dx.doi.org/10.1093/acprof:oso/9780198257301.003.0011.

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"Annex III. Convention on International Liability for Damage Caused by Space Objects." In The Law of Outer Space, 153–61. Brill | Nijhoff, 2010. http://dx.doi.org/10.1163/9789004215788_018.

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"No. 13810. Convention on the international liability for damage caused by space objects. Opened for signature at London, Moscow and Washington on 29 March 1972." In Treaty Series 1968, 246. UN, 2001. http://dx.doi.org/10.18356/050aefd2-en-fr.

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"No. 13810. Convention on the international liability for damage caused by space objects. Opened for signature at London, Moscow and Washington on 29 March 1972." In Treaty Series 1745, 452. UN, 1998. http://dx.doi.org/10.18356/ad7f6f5d-en-fr.

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